Pennsylvania Construction Code Act

Transcription

1 Pennsylvania Construction Code Act Act of No vem ber 10, 1999, P.L.491, No P.S et seq. In cludes all amend ments through the act of No vem ber 29, 2006, P.L. 1440, No. 157

2 Pennsylvania Construction Code Act Act of November 10, 1999, P.L.491, No P.S et seq. Includes all amendments through the act of November 29, 2006, P.L. 1440, No. 157 AN ACT Establishing a uniform construction code; imposing powers and duties on municipalities and the Department of Labor and Industry; providing for enforcement; imposing penalties; and making repeals. TABLE OF CONTENTS Chapter 1. Section 101. Section 102. Section 103. Section 104. Section 105. Section 106. Chapter 3. Section 301. Section 302. Section 303. Section 304. Section 305. Chapter 5. Section 501. Section 502. Section 503. Section 504. Chapter 7. Section 701. Section 702. Section 703. Chapter 9. Section 901. Section 902. Section 903. Preliminary Provisions Short title. Legislative findings and purpose. Definitions. Application. Department of Labor and Industry. Accessibility Advisory Board. Uniform Construction Code Adoption by regulations. Referenced standards. Existing municipal building codes. Revised or successor codes. Existing municipality or municipal authority standards for lateral connections. Adoption and Enforcement by Municipalities Administration and enforcement. Consideration of applications and inspections. Changes in Uniform Construction Code. Appeals. Training and Certification of Inspectors Training of inspectors. Reciprocity. Education and Training Programs. Exemptions, Applicability and Penalties Exemptions. Applicability to certain buildings. Penalties. Chapter 11. Miscellaneous Provisions Section Savings. Section Repeals. Section Effective date. 1

3 The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: CHAPTER 1 PRELIMINARY PROVISIONS Section 101. Short title. This act shall be known and may be cited as the Pennsylvania Construction Code Act. Section 102. Legislative findings and purpose. (a) Findings.--The General Assembly finds as follows: (1) Many municipalities within this Commonwealth have no construction codes to provide for the protection of life, health, property and the environment and for the safety and welfare of the consumer, general public and the owners and occupants of buildings and structures. Consumers and occupants may be at risk from substandard construction. (2) Likewise, in some regions of this Commonwealth a multiplicity of construction codes currently exist and some of these codes may contain cumulatively needless requirements which limit the use of certain materials, techniques or products and lack benefits to the public. Moreover, the variation of construction standards caused by the multiplicity of codes may slow the process of construction and increase the costs of construction. (3) The way to insure uniform, modern construction standards and regulations throughout this Commonwealth is to adopt a Uniform Construction Code. (4) The model code of the Building Officials and Code Administrators International, Inc. (BOCA), is a construction code which has been widely adopted in this Commonwealth and in the geographical region of the United States of which this Commonwealth is a part. Adoption of a nationally recognized code will insure that this Commonwealth has a uniform, modern construction code which will insure safety, health and sanitary construction. Intent and purpose.--it is the intent of the General Assembly and the purpose of this act: (1) To provide standards for the protection of life, health, property and environment and for the safety and welfare of the consumer, general public and the owners and occupants of buildings and structures. (2) To encourage standardization and economy in construction by providing requirements for construction and construction materials consistent with nationally recognized standards. (3) To permit to the fullest extent feasible the useof state-of-the-art technical methods, devices and improvements consistent with reasonable requirements for the health, safety and welfare of occupants or users of buildings and structures. (4) To eliminate existing codes to the extent that these codes are restrictive, obsolete, conflicting and contain duplicative construction regulations that tend to unnecessarily increase costs or retard the use of new materials, products or methods of construction or provide preferential treatment to certain types or classes of materials or methods of construction. (5) To eliminate unnecessary duplication of effort and fees related to the review of construction plans and the inspection of construction projects. (6) To assure that officials charged with the administration and enforcement of the technical provisions of this act are adequately trained and supervised. 2

4 (7) To insure that existing Commonwealth laws and regulations, including those which would be repealed or rescinded by this act, would be fully enforced during the transition to Statewide administration and enforcement of a Uniform Construction Code. Further, it is the intent of this act that the Uniform Construction Code requirements for making buildings accessible to and usable by persons with disabilities do not diminish from those requirements previously in effect under the former provisions of the act of September 1, 1965 (P.L.459, No.235), entitled, as amended, "An act requiring that certain buildings and facilities adhere to certain principles, standards and specifications to make the same accessible to and usable by persons with physical handicaps, and providing for enforcement." (8) To start a process leading to the design, construction and alteration of buildings under a uniform standard. Section 103. Definitions. The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Addition." An extension or increase in floor area or height of a building or structure. (Def. added July 15, 2004, P.L.748, No.92) "Advisory board." The Accessibility Advisory Board created in section 106. "Agricultural building." A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals, a milk house and a structure used to grow mushrooms. The term includes a carriage house owned and used by members of a recognized religious sect for the purposes of housing horses and storing buggies. The term shall not include habitable space or spaces in which agricultural products are processed, treated or packaged and shall not be construed to mean a place of occupancy by the general public. (Def. amended Nov. 29, 2006, P.L.1440, No.157) "Alteration." Any construction or renovation to an existing structure other than repair or addition. (Def. added July 15, 2004, P.L.748, No.92) "Board of appeals." The body created by a municipality or more than one municipality to hear appeals from decisions of the code administrator as provided for by Chapter 1 of the 1999 Building Officials and Code Administrators International, Inc., National Building Code, Fourteenth Edition. "BOCA." Building Officials and Code Administrators International, Inc. "Code administrator." A municipal code official, a construction code official, a third-party agency or the Department of Labor and Industry. "Construction code official." An individual certified by the Department of Labor and Industry in an appropriate category established pursuant to section 701 to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations in such code category under this act or related acts. "Department." The Department of Labor and Industry of the Commonwealth. "Habitable space." Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas shall not be construed as habitable spaces. 3

5 "Health care facility." As defined in section of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act. "ICC." The International Code Council. "Industrial Board." The Industrial Board under sections 445 and 2214 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, which hears requests for variances and extensions of time and appeals of decisions of the Department of Labor and Industry under the Uniform Construction Code. (Def. added Dec. 22, 2005, P.L.478, No.95) "Industrialized housing." The term shall have the meaning ascribed to it in the act of May 11, 1972 (P.L.286, No.70), known as the Industrialized Housing Act. "Manufactured housing." Housing which bears a label, as required by and referred to in the act of November 17, 1982 (P.L.676, No.192), known as the Manufactured Housing Construction and Safety Standards Authorization Act, certifying that it conforms to Federal construction and safety standards adopted under the Housing and Community Development Act of 1974 (Public Law , 88 Stat. 633). "Municipal code official." An individual employed by a municipality or more than one municipality and certified by the Department of Labor and Industry under this act to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under this act or related acts. "Municipality." A city, borough, incorporated town, township or home rule municipality. "NCSBCS." The National Conference of State Building Codes and Standards. "Occupancy." The purpose for which a building, or portion thereof, is used. "Recreational cabin." A structure which is: (1) utilized principally for recreational activity; (2) not utilized as a domicile or residence for any individual for any time period; (3) not utilized for commercial purposes; (4) not greater than two stories in height, excluding basement; (5) not utilized by the owner or any other person as a place of employment; (6) not a mailing address for bills and correspondence; and (7) not listed as an individual's place of residence on a tax return, driver's license, car registration or voter registration. (Def. added July 15, 2004, P.L.748, No.92) "Repair." The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. (Def. added July 15, 2004, P.L.748, No.92) "Residential building." Detached one-family and two-family dwellings and multiple single-family dwellings which are not more than three stories in height with a separate means of egress, which includes accessory structures. (Def. added July 15, 2004, P.L.748, No.92) "Secretary." The Secretary of Labor and Industry of the Commonwealth. "State institutions." As defined in section 901 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code. 4

6 "Technically infeasible." An alteration of a building or a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility. "Third-party agency." A person, firm or corporation certified by the Department of Labor and Industry as a construction code official and contracted to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under this act. "Uncertified building." An existing building which, prior to April 9, 2004, was not approved for use and occupancy by the Department of Labor and Industry or a municipality which was enforcing a building code. The term does not include a residential building. (Def. added Dec. 22, 2005, P.L.478, No.95) "Utility and miscellaneous use structures." Buildings or structures of an accessory character and miscellaneous structures not classified by the Building Officials and Code Administrators International, Inc., in any specific use group. The term includes carports, detached private garages, greenhouses and sheds having a building area less than 1,000 square feet. The term does not include swimming pools or spas. (Def. amended July 15, 2004, P.L.748, No.92) Section 104. Application. (a) General rule.--this act shall apply to the construction, alteration, repair and occupancy of all buildings in this Commonwealth. Exclusions.--This act shall not apply to: (1) new buildings or renovations to existing buildings for which an application for a building permit has been made to the municipality prior to the effective date of the regulations promulgated under this act; (2) new buildings or renovations to existing buildings on which a contract for design or construction has been signed prior to the effective date of the regulations promulgated under this act on projects requiring department approval; (3) utility and miscellaneous use structures that are accessory to detached one-family dwellings; (4) any agricultural building; (5) alterations to residential buildings which do not make structural changes or changes to means of egress, except as might be required by ordinances in effect pursuant to section 303(1) or adopted pursuant to section 503. For purposes of this paragraph, a structural change does not include a minor framing change needed to replace existing windows or doors; (6) repairs to residential buildings, except as might be required by ordinances in effect pursuant to section 303(1) or adopted pursuant to section 503; (6.1) the installation of aluminum siding or vinyl siding onto an existing residential or an existing commercial building, except as might be required by ordinances in effect pursuant to section 301 or adopted pursuant to section 503; ((6.1) added July 7, 2006, P.L.1052, No.108) (7) any recreational cabin if: (i) (ii) the cabin is equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping quarters; and the owner of the cabin files with the municipality either: 5

7 (A) an affidavit on a form prescribed by the department attesting to the fact that the cabin meets the definition of a "recreational cabin" in section 103; or (B) a valid proof of insurance for the recreational cabin, written and issued by an insurer authorized to do business in this Commonwealth, stating that the structure meets the definition of a "recreational cabin" as defined in section 103. ( amended July 15, 2004, P.L.748, No.92) (b.1) Continuity of exclusion.-- (1) If a recreational cabin is subject to exclusion under subsection (7), upon transfer of ownership of the recreational cabin, written notice must be provided in the sales agreement and the deed that the recreational cabin: (i) is exempt from this act; (ii) may not be in conformance with the Uniform Construction Code; and (iii) is not subject to municipal regulation. (2) Failure to comply with the notice requirement under paragraph (1) shall render the sale voidable at the option of the purchaser. ((b.1) added July 15, 2004, P.L.748, No.92) (c) (d) Prior permits and construction.-- (1) Subject to paragraph (2), a construction permit issued under valid construction regulations prior to the effective date of the regulations issued under this act shall remain valid, and the construction of any building or structure may be completed pursuant to and in accordance with the permit. (2) If the requirements of the permit have not been actively prosecuted within two years of the effective date of the regulations or the period specified by a municipal ordinance, whichever is less, the former permit holder shall be required to acquire a new permit. Where construction of a building or structure commenced before the effective date of the regulations promulgated under this act and a permit was not required at that time, construction may be completed without a permit. Preemption.-- (1) Except as otherwise provided in this act, construction standards provided by any statute or local ordinance or regulation promulgated or adopted by a board, department, commission, agency of State government or agency of local government shall continue in effect only until the effective date of regulations promulgated under this act, at which time they shall be preempted by regulations promulgated under this act and deemed thereafter to be rescinded. (2) (i) Except as otherwise provided in this act and as specifically excepted in subparagraph (ii), a homeowners' association or community association shall be preempted from imposing building construction standards or building codes for buildings to be constructed, renovated, altered or modified. (ii) In municipalities which have not adopted an ordinance for the administration and enforcement of this act, a homeowners' association or community association may adopt by board regulations the Uniform Construction Code or the ICC International One and Two Family Dwelling Code, 1998 Edition. The applicable building code shall constitute the standard governing building structures in the association's community. 6

8 (e) (f) (3) Nothing in this act shall preempt any licensure or Federal certification requirements for health care facilities, intermediate care facilities for the mentally retarded or for persons with related conditions or State institutions. This paragraph includes building and life safety code standards set forth in applicable regulations. (4) Nothing in this act shall limit the ability of the Department of Aging, the Department of Health or the Department of Public Welfare to promulgate or enforce regulations which exceed the requirements of this act. Municipal regulation.--nothing in this act shall prohibit a municipality from licensing any persons engaged in construction activities or from establishing work rules or qualifications for such persons. Application to swimming pools and spas.-- (1) The provisions of this act as they relate to swimming pools and spas shall not be applicable to those constructed or installed prior to the effective date of this act. (2) All swimming pools and spas constructed or installed after the effective date of this act shall be governed by the requirements of this act, including section 503. Section 105. Department of Labor and Industry. (a) Review.-- (1) The department shall with reasonable cause review municipalities, municipal code officials, third-party agencies, construction code officials and code administrators concerning the enforcement and administration of this act, including specifically complaints concerning accessibility requirements. (2) The department shall make a report to the governing body of the municipality that was the subject of the review. The report shall include recommendations to address any deficiency observed by the department. (3) The department may require compliance with this act through proceedings in Commonwealth Court. State-owned buildings.-- (1) The department shall maintain plan and specification review and inspection authority over all State-owned buildings. State-owned buildings shall be subject to regulations promulgated under this act. The department shall notify municipalities of all inspections of State-owned buildings and give municipalities the opportunity to observe the department inspection of such buildings. (2) Municipalities shall notify the department of all inspection of buildings owned by political subdivisions and give the department the opportunity to observe municipal inspection of such buildings. (3) The department shall make available to municipalities, upon request, copies of all building plans and plan review documents in the custody of the department for State-owned buildings. (4) A municipality shall make available to the department, upon request, copies of all building plans and plan review documents in the custody of the municipality for buildings owned by political subdivisions. (c) Elevators and conveying systems.-- (1) The department shall maintain Statewide administration and inspection authority over ski lifts, inclined passenger lifts and related devices, and elevators, conveying systems and related 7

9 (d) (e) equipment as defined in section (definitions) of Chapter 30 of the 1999 BOCA National Building Code, Fourteenth Edition. (2) Notwithstanding Chapters 3 and 5, the department may, subject to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, by regulation modify the 1999 BOCA National Building Code, Fourteenth Edition, Referenced Standards for elevator construction, repair, maintenance and inspection. The department shall not require reshackling more than once every two years. (3) Nothing in this section shall be construed to disallow third-party elevator inspections. Department of Health.-- (1) Health care facilities, intermediate care facilities for the mentally retarded or for persons with related conditions and State institutions shall continue to comply with building codes and standards set forth in the applicable licensure laws and regulations. This paragraph includes the applicable edition of the National Fire Protection Association's Life Safety Code, NFPA No. 101, and the applicable edition of the Guidelines for Construction and Equipment of Hospital and Medical Facilities. (2) The department may delegate its responsibility for conducting plan reviews and inspections for health care facilities to the Department of Health. Limitation.--Nothing in this act, the regulations under this act or the administration of the act or the regulations by the department shall contravene the right of builders to freely compete for and perform contracts for construction of commercial buildings in this Commonwealth. Section 106. Accessibility Advisory Board. (a) Creation and composition.-- (1) There is hereby created an Accessibility Advisory Board which shall be composed of 11 members appointed by the secretary. At least six members of the advisory board shall be public members, three of whom shall be persons with physical disabilities, one shall be an architect registered in Pennsylvania, one shall be a member of the business community, and one shall be a representative of the multifamily housing industry. One member shall be a municipal official. The chairman and minority chairman of the Labor and Industry Committee of the Senate and the chairman and minority chairman of the Labor Relations Committee of the House of Representatives, or their designees, shall be members. All members of the advisory board, except the members of the General Assembly, shall serve for a term of two years and until their successors are appointed. (2) The members of the advisory board shall be paid traveling expenses and other necessary expenses and may receive a per diem compensation at a rate to be determined by the secretary for each day of actual service in the performance of their duties under this act. (3) Meetings of the advisory board shall be called by the secretary. A quorum of the advisory board shall consist of four members. (4) The initial advisory board shall be the body constituted under the former provisions of section 3.1 of the act of September 1, 1965 (P.L.459, No.235), entitled, as amended, "An act requiring that certain buildings and facilities adhere to certain principles, standards and specifications to make the same accessible to and usable by persons with physical handicaps, and providing for enforcement." 8

10 (c) Advice on regulation.--the advisory board shall review all proposed regulations under this act and shall offer comment and advice to the secretary on all issues relating to accessibility by persons with physical disabilities, including those which relate to the enforcement of the accessibility requirements. Recommendations for modifications.--the advisory board shall review all applications from individual projects for modifications of the provisions of Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code and shall advise the secretary regarding whether modification should be granted or whether compliance by existing facilities with provisions of Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code is technically infeasible. CHAPTER 3 UNIFORM CONSTRUCTION CODE Section 301. Adoption by regulations. (a) Regulations.-- (1) The department shall, within 180 days of the effective date of this section, promulgate regulations adopting the 1999 BOCA National Building Code, Fourteenth Edition, as a Uniform Construction Code, except as provided in section 105(c)(2) and this section. The department shall promulgate separate regulations which may make changes to Chapter 1 of the 1999 BOCA National Building Code, Fourteenth Edition, relating to administration that are necessary for the department's implementation of this act. (2) The regulations shall include a provision that all detached one-family and two-family dwellings and one-family townhouses that are not more than three stories in height and their accessory structures shall be designed and constructed either in accordance with the ICC International One and Two Family Dwelling Code, 1998 Edition, or in accordance with the requirements of the Uniform Construction Code at the option of the building permit applicant. The provision shall require that an irrevocable election be made at the time plans are submitted for review and approval. If the building permit applicant does not indicate a code, the design and construction shall be in accordance with the Uniform Construction Code. (3) The regulations shall include a provision that the secretary shall have the exclusive power to grant modifications and decide issues of technical infeasibility under Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code for individual projects. (4) The secretary shall consider the recommendations of the advisory board as provided in section 106(c). The department shall consider the comments of the advisory board with respect to accessibility issues in any proposed regulations. (5) The regulations shall provide for a system of periodic compliance reviews conducted by the department and for enforcement procedures conducted by the department to ensure that code administrators are adequately administering and enforcing Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code. (6) The regulations shall include the provisions of exception 8 to section (relative to stairway treads and risers) of the 1993 BOCA National Building Code, Twelfth Edition, and the provisions of section R (relative to stairways) of the CABO One and Two Family Dwelling Code, 1992 Edition, and such provisions shall be applicable notwithstanding section 303, which shall not apply to the provisions of any municipal building code ordinance which equals or exceeds these provisions. ((6) amended Feb. 19, 2004, P.L.141, No.13) 9

11 (c) (d) (7) The department shall consult with the Department of Health in the development of regulations relating to health care facilities, intermediate care facilities for the mentally retarded or for persons with related conditions and State institutions. (8) The regulations shall exclude section R of the 2003 International Residential Code for One- and Two-Family Dwellings or its successor code from applying to existing one-family and two-family unit dwellings undergoing alterations, repairs or additions but shall include provisions requiring non-interconnected battery-operated smoke alarms in one-family and two-family dwellings in accordance with section R of the 2003 International Residential Code for One- and Two-Family Dwellings. ((8) added July 15, 2004, P.L.748, No.92) (9) Regulations under this subsection shall include the adoption of section (temporary occupancy) of the International Building Code. ((9) added Dec. 22, 2005, P.L.483, No.95) International Fuel Gas Code.--The department shall, within 180 days of the effective date of this section, promulgate regulations adopting the International Fuel Gas Code for the installation of fuel gas piping systems, fuel gas utilization equipment and related accessories as the standard for the installation of piping, equipment and accessories in this Commonwealth. Prescriptive methods for energy-related standards.--the department shall, within 180 days of the effective date of this section, by regulation promulgate prescriptive methods to implement the energy-related standards of the Uniform Construction Code which take into account the various climatic conditions through this Commonwealth. In deriving these standards the department shall seek to balance energy savings with initial construction costs. Scope of regulations.-- (1) The regulations adopted by the department implementing these codes shall supersede and preempt all local building codes regulating any aspect of the construction, alteration and repair of buildings adopted or enforced by any municipality or authority or pursuant to any deed restriction, rule, regulation, ordinance, resolution, tariff or order of any public utility or any State or local board, agency, commission or homeowners' association except as may be otherwise specifically provided in this act. (2) The department may establish by regulation plan review and inspection fees where the department is responsible for administration and enforcement and requirements for municipal notification to the department of ordinance adoption and repeal under Chapter 5. The department shall consult with the Department of Aging, the Department of Health or the Department of Public Welfare, as appropriate, to determine fees for health care facilities, intermediate care facilities for the mentally retarded or for persons with related conditions and State institutions. (3) The department shall establish by regulation standards for the retention and sharing of building plans and other documents, for other than one-family or two-family dwelling units and utility and miscellaneous use structures, by the department, municipalities and third-party agencies. Section 302. Referenced standards. (a) General rule.-- (1) Subject to paragraph (2), the standards referenced in Chapters 30 and 35 relating to elevators and conveying systems and referenced standards, respectively, or the applicable chapter, of the 1999 BOCA National Building Code, Fourteenth Edition, and the American National Standards for Passenger Tramways, Aerial Tramways, Aerial Lifts, Surface Lifts and Tows, ASME/ANSI B77.1, shall be considered part of the requirements of the Uniform Construction Code to the 10

12 prescribed extent of each such reference except that BNPMC-96 BOCA National Property Maintenance Code and ASME/ANSI A17.3 (safety code for existing elevators and escalators) shall be excluded. (2) The standards under paragraph (1) shall include the latest ANSI standards applicable to the operation of ski lifts. No preemption.--nothing contained in this act shall be construed to preempt the ability of a municipality to adopt or enforce the codes referred to in this section to the extent not referenced, in whole or in part, in Chapter 35 relating to referenced standards or applicable chapter of the 1999 BOCA National Building Code, Fourteenth Edition. (302 amended Dec. 1, 2004, P.L.1773, No.230) Section 303. Existing municipal building codes. (a) Failure to meet minimum requirements.-- (1) Except as provided in paragraph (2), the provisions of municipal building code ordinances in effect on the effective date of this act that do not equal or exceed the minimum requirements of the regulations promulgated under this act shall be amended by the effective date of the regulations promulgated under this act to provide for the minimum requirements. (2) A municipal building code ordinance provision in effect in or adopted by a city of the first class on or before January 1, 1998, shall remain in effect until December 31, 2003, by which time those provisions of the ordinance which do not comply with the minimum requirements of the regulations promulgated under this act shall be amended to provide for the minimum requirements of regulations promulgated under this act. Provisions which equal or exceed the Uniform Construction Code.-- (1) Municipal building code ordinances in effect on July 1, 1999, or reenactments of provisions of simultaneously repealed ordinances which were originally adopted prior to July 1, 1999, which contain provisions which equal or exceed the specific requirements of the regulations promulgated under this act shall remain in effect until such time as any such provisions fail to equal or exceed the minimum requirements of the regulations promulgated under this act, at which time the provisions of such ordinances shall be amended to provide for the minimum requirements of the regulations promulgated under this act. (2) Municipal building code ordinances adopted or effective after July 1, 1999, except reenactments of provisions of simultaneously repealed ordinances which were originally adopted prior to July 1, 1999, shall continue in effect only until the effective date of the regulations promulgated under this act, at which time the municipal building code ordinance shall be preempted by the regulations promulgated under this act and shall be deemed thereafter to be rescinded. Section 304. Revised or successor codes. (a) Building code.-- (1) Subject to sections 105(c) and (d), 301(a)(3), (4), (5), (6) and (7), (c) and (d) and 302, by December 31 of the year of the issuance of a new triennial BOCA National Building Code, or its successor building code, the department shall promulgate regulations adopting the new code as the Uniform Construction Code. (2) Subject to sections 105(c) and (d), 301(a)(3), (4), (5), (6) and (7), (c) and (d) and 302, by December 31 of the year of issuance of a new triennial ICC International One and Two Family Dwelling Code, or its successor building code, the department shall promulgate regulations providing that all detached one-family and two-family dwellings and one-family townhouses 11

13 that are not more than three stories in height and their accessory structures may be designed in accordance with that code or the Uniform Construction Code at the option of the building permit applicant. ((a) amended Feb. 19, 2004, P.L.141, No.13) (c) International Fuel Gas Code.--By December 31 of the year of the issuance of a new International Fuel Gas Code, or its successor code, the department shall promulgate regulations adopting the new code. Prior permits and construction.-- (1) A construction permit issued under valid construction regulations prior to the effective date of regulations for a subsequent Uniform Construction Code or International Fuel Gas Code issued under this act shall remain valid, and the construction of any building or structure may be completed pursuant to and in accordance with the permit. (2) If the permit has not been actively prosecuted within two years of the effective date of the regulation or the period specified by a municipal ordinance, whichever is less, the former permitholder shall be required to acquire a new permit. (3) Where construction of a building or structure commenced before the effective date of the regulations for a subsequent Uniform Construction Code or International Fuel Gas Code issued under this act and a permit was not required at that time, construction may be completed without a permit. Section 305. Existing municipality or municipal authority standards for lateral connections. (a) General rule.--municipality or municipal authority standards for lateral connections located on private property and connecting to public infrastructure owned by a municipality or municipal authority that were in effect on January 1, 2005, and contain provisions that equal or exceed the requirements of the regulations promulgated under this act, the Internal Residential Code or under the International Plumbing Code shall remain in effect until such time as any such provisions fail to equal or exceed the minimum requirements of the regulations promulgated under this act, at which time the standards shall be amended to equal or exceed the minimum requirements of the regulations promulgated under this act. Filing requirement.--municipality or municipal authority standards qualifying under subsection (a) shall be filed with the department and any local governments served by the municipality or municipal authority with such standards. (305 added Dec. 1, 2004, P.L.1773, No.230) CHAPTER 5 ADOPTION AND ENFORCEMENT BY MUNICIPALITIES Section 501. Administration and enforcement. (a) Adoption of ordinance.-- (1) In order to administer and enforce the provisions of this act, municipalities shall enact an ordinance concurrently adopting the current Uniform Construction Code as their municipal building code and the current International Fuel Gas Code for the purposes described in section 102. Municipalities may adopt the Uniform Construction Code and incorporated codes and the International Fuel Gas Code by reference. (2) Municipalities shall have 90 days after the promulgation of regulations under section 301 to adopt such an ordinance. Municipalities shall notify the department of the adoption of such an 12

14 ordinance within 30 days. A municipality may adopt such an ordinance at any time thereafter, upon giving the department 180 days' notice of its intention to adopt such ordinance. ((a) amended Nov. 29, 2006, P.L.1440, No.157) (a.1) Counties of the second class.--notwithstanding the provisions of subsection (a), a municipality located within a county of the second class shall not administer and enforce plumbing code provisions of an ordinance adopting the Uniform Construction Code and incorporated codes for the purposes of section 102. A county of the second class that has adopted a plumbing code and accompanying rules and regulations pursuant to the act of August 24, 1951 (P.L.1304, No.315), known as the Local Health Administration Law, shall retain the authority to promulgate and enforce such plumbing code and to make such changes as it deems necessary, provided that such changes meet the minimum requirements as defined in the Uniform Construction Code. ((a.1) amended Nov. 29, 2006, P.L.1440, No.157) Municipal administration and enforcement.--this act may be administered and enforced by municipalities in any of the following ways: (1) By the designation of an employee to serve as the municipal code official to act on behalf of the municipality for administration and enforcement of this act. (2) By the retention of one or more construction code officials or third-party agencies to act on behalf of the municipality for administration and enforcement of this act. (3) Two or more municipalities may provide for the joint administration and enforcement of this act through an intermunicipal agreement under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation). (4) By entering into a contract with the proper authorities of another municipality for the administration and enforcement of this act. When such a contract has been entered into, the municipal code official shall have all the powers and authority conferred by law in the municipality which has contracted to secure such services. (5) By entering into an agreement with the department for plan reviews, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures. ( carried without amendment Nov. 29, 2006, P.L.1440, No.157) (c) Board of appeals.-- (1) A municipality which has adopted an ordinance for the administration and enforcement of this act or municipalities which are parties to an agreement for the joint administration and enforcement of this act shall establish a board of appeals as provided by Chapter 1 of the 1999 BOCA National Building Code, Fourteenth Edition, to hear appeals from decisions of the code administrator. Members of the municipality's governing body may not serve as members of the board of appeals. (2) An application for appeal shall be based on a claim that the true intent of this act or regulations legally adopted under this act have been incorrectly interpreted, the provisions of this act do not fully apply or an equivalent form of construction is to be used. (3) When a municipality cannot find persons to serve on a board of appeals who meet the minimum qualifications of Chapter 1 of the BOCA National Building Code, the municipality may fill a position on the board with a qualified person who resides outside of the municipality. 13

15 (d) (e) (4) The fee for an appeal to the Board of Appeals for a municipality that is administering and enforcing this act shall not exceed actual costs of the public notice of the hearing, appearance fee for the court reporter and administrative fees as necessary. (5) In the case of an appeal or request for variance or extension of time involving the construction of a one-family or two-family residential building, the board of appeals shall convene a hearing within 30 days of the appeal. The Board of Appeals shall render a written decision to the parties within five business days, or within ten business days in cities of the first class, of the last hearing. If the board of appeals fails to act within the time period under this paragraph, the appeal shall be deemed granted. ((c) amended Nov. 29, 2006, P.L.1440, No.157) Registration.--Nothing in this act shall allow a municipality to prohibit a construction code official who meets the requirements of Chapter 7 and remains in good standing from performing inspections in the municipality. This section does not alter the power and duties given to municipalities under subsection (1), (3) and (4). Nonmunicipal administration.-- (1) In municipalities which have not adopted an ordinance for the administration and enforcement of this act, it shall be the duty of the municipality to notify an applicant for a construction permit that it shall be the responsibility of the permit applicant of one-family or two-family dwelling units and utility and miscellaneous use structures to obtain the services of a construction code official or third-party agency with appropriate categories of certification to conduct the plan review and inspections. For one-family and two-family dwelling units and utility and miscellaneous use structures, all of the following five inspections shall be required: (i) Foundation inspection. (ii) Plumbing, mechanical and electrical inspection. (iii) Frame and masonry inspection. (iv) Wallboard inspection. (v) Final inspection. The final inspection shall not be deemed approved until all previous inspections have been successfully completed and passed. (2) In municipalities which have not adopted an ordinance for the administration and enforcement of this act, it shall be the duty of the municipality to notify the department and an applicant for a construction permit that it shall be the responsibility of the owner of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures to obtain the services of the department or a third-party agency with appropriate categories of certification under contract to the department to conduct the plan review and inspections required by this act. (3) A copy of the final inspection report shall be sent to the property owner and to the builder and to a lender designated by the builder. (4) In municipalities which require a building permit or a certificate of occupancy but do not conduct inspections, the code administrator shall also be required to submit a copy of the report to the municipality. No certificate of occupancy shall be issued for a building unless it meets all of the applicable accessibility provisions of the Uniform Construction Code or has been granted a variance for the requirements it does not meet. A certificate of partial occupancy may be issued if the space to be occupied complies with the accessibility requirements contained in the Uniform Construction Code unless a variance for the space has been obtained in accordance with this act. 14

16 (f) (g) Private right of action.-- (1) In relation to complaints arising out of Chapter 11 (Accessibility) of the Uniform Construction Code, any individual, partnership, agency, association or corporation who reasonably believes there is a violation of the accessibility provisions of this act and its regulations by a governmental entity or private owner may file a complaint with the body responsible for enforcement of the Uniform Construction Code. The complaint shall be in writing, shall be verified and shall set forth the grounds for the complaint. Within 60 days after the receipt of the complaint, the code enforcement body shall respond to the complaint by acknowledging receipt of the complaint in writing. The enforcement body shall investigate the complaint and respond to the complainant in writing with its findings, determinations and any enforcement measures initiated or contemplated within 120 days after the receipt of the complaint. For the purpose of investigating a complaint, an employee of the enforcement organization may inspect at reasonable times the building or building site which is the subject of the complaint and may make any additional investigation deemed necessary for the full and effective determination of compliance with this act and regulations promulgated pursuant to it. (2) Any individual, partnership, agency, association or corporation aggrieved by a final determination of the enforcement agency of a complaint filed pursuant to paragraph (1) hereof may file a petition for review within 30 days of the final determination in the Commonwealth Court pursuant to 42 Pa.C.S. 763(a) (relating to direct appeals from government agencies). The decision of the enforcement agency shall not be reversed unless it is found to be arbitrary, capricious, illegal or not supported by substantial evidence. (3) (i) Any individual, partnership, agency, association or corporation who filed a complaint pursuant to paragraph (1) and received no written response from the enforcement agency acknowledging receipt of its complaint within 60 days or received a response from the enforcement agency indicating that a violation was found but enforcement measures were not contemplated or enforcement measures were contemplated but such measures were not initiated after a period of 60 days from said response may bring a civil action in the appropriate court of common pleas against the agency for failure to enforce the provisions of this act and the regulations promulgated thereto or a building owner or owner's agent for a violation of any provisions of this act or regulations promulgated pursuant to it. (ii) If the court finds a violation of this act or of regulations adopted pursuant to it, the court may enjoin construction or remodeling of the building, direct the correction of violations within a reasonable and specified time period or order such other relief deemed appropriate. The court, in issuing any final orders in any action brought pursuant to this section, may award costs of litigation, attorney and expert witness fees to any party whenever the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the rules of civil procedure. (iii) An architect or licensed design professional who has complied with the provisions of this act and its regulations and prepared construction documents in accordance with accepted professional standards shall have no further liability pursuant to litigation commenced under this section. Technical assistance to municipalities.--the Governor's Center for Local Government Services in the Department of Community and Economic Development shall be the principal agency for developing and providing technical assistance to municipalities for implementing, administrating and enforcing the provisions of this act. ((g) added July 15, 2004, P.L.748, No.92) 15

17 (h) Interpretation of Uniform Construction Code.--In interpreting a provision of a code adopted by regulation of the department as part of the Uniform Construction Code, a construction code official, a board of appeal and a court shall consider and may rely upon relevant written interpretations of the ICC or any organization whose referenced standard is relevant and listed in the Uniform Construction Code, or the regulations promulgated under this act or any municipal construction code ordinance. ((h) added Nov. 29, 2006, P.L.1440, No.157) Section 502. Consideration of applications and inspections. (a) Applications for permits and inspections.-- (1) Every application for a construction permit for one-family and two-family dwelling units and utility and miscellaneous use structures shall be granted or denied, in whole or in part, within 15 business days of the filing date or, if the drawings have been prepared by design professionals who are licensed or registered under the laws and regulations of this Commonwealth and the application contains a certification by the licensed or registered design professional that the plans meet the applicable standards of the Uniform Construction Code and ordinance as appropriate, within five business days of the filing date. Every application for a certificate of occupancy for one-family and two-family dwelling units and miscellaneous use structures shall be granted or denied, in whole or in part, within five business days, or within ten business days in cities of the first class, after receipt of a final inspection report indicates compliance with the Uniform Construction Code and ordinance as appropriate. All other construction permits shall be granted or denied, in whole or in part, within 30 business days of the filing date. Municipalities may establish different time limits to consider applications for construction permits in historic districts. A code administrator shall review a construction plan of a building permit application upon submission and shall issue a notice of construction plan approval on a building permit application within the periods set forth in this section if the construction plans comply with the Construction Code Act and any other applicable municipal construction code ordinance. The municipality shall also provide a list of all other required permits necessary prior to issuance of the building permit. The municipality will not be liable for the completeness of any list. When a construction plan has been approved, a code administrator shall issue a building permit immediately upon receipt of all other required permits or approvals related to the construction. All revisions or changes to construction plans so approved under this subsection shall necessitate an additional plan review prior to the issuing of the building permit. (2) If an application is denied in whole or in part, the code administrator shall set forth the reasons in writing, identifying the elements of the application which are not in compliance with the relevant provisions of the Uniform Construction Code and ordinance as appropriate and providing a citation to the relevant provisions of the Uniform Construction Code and ordinance as appropriate. (3) If the code administrator fails to act on an application for a construction permit for one-family and two-family dwelling units and utility and miscellaneous use structures within the time prescribed, the application shall be deemed approved. The time limits established in this section for permit applications other than one-family and two-family dwellings may be extended upon agreement in writing between the applicant and the municipality for a specific number of additional days. (a.1) Exceptions.--A permit is not required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment under the ownership or control of public service agencies. 16